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§ 668. Affidavit for continuance

Oklahoma Statutes AnnotatedTitle 12. Civil Procedure

Oklahoma Statutes Annotated
Title 12. Civil Procedure (Refs & Annos)
Chapter 11. Trial (Refs & Annos)
Miscellaneous
12 Okl.St.Ann. § 668
§ 668. Affidavit for continuance
A motion for a continuance, on account of the absence of evidence, can be made only upon affidavit, showing the materiality of the evidence expected to be obtained, and that due diligence has been used to obtain it, and where the evidence may be; and if it is for an absent witness, the affidavit must show where the witness resides, if his residence is known to the party, and the probability of procuring his testimony within a reasonable time, and what facts he believes the witness will prove, and that he believes them to be true. If thereupon, the adverse party will consent that on the trial the facts, alleged in the affidavit shall be read and treated as the deposition of the absent witness, or that the facts in relation to other evidence shall be taken as proved to the extent alleged in the affidavit, no continuance shall be granted on the ground of the absence of such evidence.

Credits

R.L.1910, § 5045.
Sections 551 to 629 appear in this volume
12 Okl. St. Ann. § 668, OK ST T. 12 § 668
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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